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UFWDA Community Forum  |  Access (Land Use, RTF, Advocacy, etc)  |  General Land Advocacy  |  Topic: Colorado Illegal Rd Closure Update « previous next »
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Author Topic: Colorado Illegal Rd Closure Update  (Read 4624 times)
Dan Wagman
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« on: March 25, 2009, 11:23:49 am »

In reference to illegal road closures, and by way of follow-up, I added the laws that were violated by the Forest Service for each road closure.
 
FSR 300; violations include and are not limited to 36 CFR 215.2, 215.5.b.ii, b.iii, b.iv, b.v, b.vi, b.viii, b.ix, b.x, 215.6.a., 261.50.c., 40 CFR 1503, 1506.10.
 
FSR 322A; violations include and are not limited to 36 CFR 215.2, 215.5.b.ii, b.iii, b.iv, b.v, b.vi, b.viii, b.ix, b.x, 2, 215.6.a., 261.50.c., 40 CFR 1501.7; 1508.4, 1508.13; FSH 1909.15 Chapters 31, 32, 33.3, 40.
 
 FSR 371; violations include and are not limited to 36 CFR 220.4, 220.6.b.i.; 40 CFR 1501.7, 1507.3.e., 1508.4,1508.13; FSH 1909.15 Chapters 31, 32, 40.

This has been added to the following document as well: http://www.bodyintellect.com/forest_service/summary.doc
 
Specifically in this regard, the following letter has been sent to the Forest Service: http://www.bodyintellect.com/forest_service/rescind.doc
 
Please note that the meeting date with Congressman Lamborn has been changed to Friday, April 17, 2009 at 4pm, 1271 Kelly Johnson Blvd. Suite 110 in Colorado Springs. The Congressman has invited all concerned citizens (except the media) to attend.
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Pat Brower
Great Lakes Four Wheel Drive Association
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« Reply #1 on: March 26, 2009, 08:25:36 pm »

I'm still with you Dan. . .

This could set soem interesting precidents that I might be able to use on our NFs here in Michigan too.

PLEASE keep the information coming!


Thanks!
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Dan Wagman
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« Reply #2 on: March 27, 2009, 08:18:03 am »

I just learned that all of these laws have been consolidated into 36 CFR 220. I am working on further consolidation of that part of the law as it refers to other portions of the CFR and USC. I will make my work available once complete, as it will represent one-stop shopping for anyone concerned with whether their FS District is abiding by the law. So stay tuned...

Dan
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Pat Brower
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« Reply #3 on: March 27, 2009, 01:55:49 pm »

THANK YOU!!!


 Kiss
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Shawn Pagan
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Roads a prime example of useless govt. spending!


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« Reply #4 on: April 06, 2009, 10:02:43 am »

Dan have you talked to Ken with the Colorado State Assoc?  Or COHVCO? About this?  Just checking as I know they have some ears and feet on the ground here in CO.  I've passed along a few things but didn't know if you were talking directly to one of them or not.

http://www.hightrails.org (specifically http://www.hightrails.org/committees.html )
http://www.cohvco.org

- Shawn
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Dan Wagman
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« Reply #5 on: April 11, 2009, 09:50:07 pm »

I have e-mailed various State Associations/Organizations but they have never replied to any of my e-mails, not this or ones in the past.

Reminder:

Please recall that the meeting date has changed to Friday, 4/17 at 4pm, 1271 Kelly Johnson Blvd. Suite 110, Colorado Springs, CO 80920
Phone: (719) 520-0055

I would appreciate any help from you guys in letting the rest know of the date change.

THANKS!

Also, after the meeting, dinner at Jack Quinns downtown, on Tejon street, just north of Colorado Ave.
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Pat Brower
Great Lakes Four Wheel Drive Association
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« Reply #6 on: April 12, 2009, 07:16:57 am »

Still wish I could be there for you.
My uncle is outside of Boulder and we visit when we can.
My wife and I LOVE going up in th Mountains to hit the trails.
We hate ANY closures, and illegal ones have double the sting.
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Shawn Pagan
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Roads a prime example of useless govt. spending!


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« Reply #7 on: April 13, 2009, 09:41:30 am »

I have e-mailed various State Associations/Organizations but they have never replied to any of my e-mails, not this or ones in the past.

Reminder:

Please recall that the meeting date has changed to Friday, 4/17 at 4pm, 1271 Kelly Johnson Blvd. Suite 110, Colorado Springs, CO 80920
Phone: (719) 520-0055

I would appreciate any help from you guys in letting the rest know of the date change.

THANKS!

Also, after the meeting, dinner at Jack Quinns downtown, on Tejon street, just north of Colorado Ave.

Well it is up on the State Association website...
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Dan Wagman
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« Reply #8 on: April 15, 2009, 05:12:05 pm »

A summary of the issue at hand to be discussed with Congressman Lamborn on Friday, along with references to the violations of federal law, can be found here:

http://www.bodyintellect.com/forest_service/FS_NEPA.pdf

This is brief and to the point and well worth your time to review.

The main law that applies here, including text of references to other sections of federal law, can be accessed here, but is extensive: http://www.bodyintellect.com/forest_service/36_CFR_220(NEPA).pdf

Hope to see you at the meeting with Lamborn on Friday, 4pm, 1271 Kelly Johnson Blvd., Suite 110, in Colo. Spgs.   
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Dan Wagman
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« Reply #9 on: June 15, 2009, 04:58:49 pm »

A reminder that our meeting with Congressman Doug Lamborn is this Friday, the 19th at 4pm. The address is:

1271 Kelly Johnson Blvd., Suite 110.

After the meeting we are planning to go to Jack Quinn’s for dinner.

If you plan on attending, I'd ask that you send me an e-mail so that I can get in touch with you quickly in the event that there's another change. Send your e-mail to dan@bodyintellect.com
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Dan Wagman
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« Reply #10 on: June 18, 2009, 01:46:08 pm »

From: "Gunderson, Abby" <Abby.Gunderson@mail.house.gov>
Date: Thu, 18 Jun 2009 13:46:57 -0400
To: "Dan Wagman"
Subject: Meeting with Congressman Lamborn

Mr. Wagman,
 
We have received word that the House will be in session tomorrow and voting. Therefore, Congressman Lamborn needs to be in DC tomorrow and cannot come back to the district. Consequently, we need to postpone your meeting. As I stated in my last email, these votes are a last-minute change in the legislative calendar given to us and so we could not anticipate this scheduling conflict.
 
Would you be available to meet with Congressman Lamborn on Monday, August 17th at 4pm? During the month of August, Congress is in recess and so a last-minute change in the voting calendar will not be an issue, as it was this week, and we can prevent this from happening again.
 
I apologize for any inconvenience that this may cause.
 
Abby Gunderson
Office of Congressman Doug Lamborn (CO-05)
437 Cannon House Office Building
Washington, DC 20515
202.225.4422 (phone)
202.226.2638 (fax)
abby.gunderson@mail.house.gov <mailto:abby.gunderson@mail.house.gov>
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Dan Wagman
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« Reply #11 on: July 28, 2009, 05:14:06 pm »

On June 24 I submitted a FOIA along with several points that the Forest Service needs to address. You may review that letter via this link:

http://www.bodyintellect.com/forest_service/FOIA_371EA_DEIS.pdf

I received a very brief reply that indicated those records do not exist and none of the other points were addressed. Interestingly, the statement that "no such records exist" is proof that federal law was violated in closing these roads.

An appeal to this will be submitted to the new Forest Service Chief this week. Our meeting with Congressman Lamborn is critically important and as many of you as possible need to show up. By the way, I have yet to hear anything from Governor Ritter. I've called twice, yet no response in nearly three months. If you're interested, you may review that writing here:

http://www.bodyintellect.com/forest_service/gov_ritter.pdf

The meeting with Lamborn is scheduled for Aug. 21 @ 2pm. Since getting a meeting date and time has been a pain in the rear (I've spared you those details), I'll make an official announcement once we get a bit closer.
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Dan Wagman
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« Reply #12 on: July 31, 2009, 09:35:33 am »

My letter to Gov. Ritter was received in his office on May 6, 2009 at 10:46 AM. I had to place two phone calls to the Governor’s office in order to receive a reply. Note that this reply has taken about 10 weeks.
 

From: "Van Huysen, Heidi" <Heidi.VanHuysen@state.co.us>
Date: Thu, 30 Jul 2009 13:36:06 -0600
To: "Dan Wagman"
Cc: <david.albrechta@state.co.us>
Subject: RE: Illegal Forest Service Road Closures

Dr. Wagman,
 
The Governor’s office has been working closely with both the Department of Natural Resources and USFS to respond to your concerns regarding road closures in Pike National Forest. We are committed to understanding the entirety of the issue. I apologize for the delay in our response but appreciate your patience as we finalize our research to ensure we can respond to your concerns from an informed vantage point.

Respectfully,
Heidi Van Huysen
 

Subject: Re: Illegal Forest Service Road Closures
Date: Friday, July 31, 2009 7:46 AM
From: Dan Wagman
To: "Van Huysen, Heidi" <Heidi.VanHuysen@state.co.us>
Dear Heidi,
Without more detail, such as the specific federal laws that have been violated, the Governor will be unable to research this matter accurately nor will a response by the USFS allow for proper evaluation. That is why we wanted to meet with the Governor (and relevant staff) to provide those specifics.

Also note that this issue has involved, literally, thousands of Coloradans that are looking to their Governor to proactively intervene. Collectively, these Coloradans have been dismayed at the lack of response in about 10 wks since the original writing. I’ve been asked to suggest that within the next 10 days you give us a meeting date so that we can provide the Governor, and perhaps you, with the specifics/evidence regarding this matter.

I am looking forward to hearing back from you soon,

Dan Wagman, PhD, CSCS

It is wrong always, everywhere, and for anyone, to believe anything upon insufficient evidence.
W.K. Clifford
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Dan Wagman
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« Reply #13 on: August 06, 2009, 12:46:48 pm »

Earlier today I had an interesting conversation with two staffers from Governor Ritter’s office. They were Heidi Van Huysen, Policy Analyst; and Mike King, Deputy Director for the Dept. of Natural Resources.

They indicated to me that they had written the FS shortly after receiving my letter in early May and did receive a reply. Curiously, they seemed unwilling to detail the FS’s response, but I did not want to argue that point (public records, etc.) because we want their help. During the conversation, however, it became clear that the FS fed the Governor’s office the same sort of nonsense they had been feeding us. To that point, that FSR 371 is under Special Use Permit with Colo. Spgs. Utilities (but the Permit specifically forbids the utility company from prohibiting public access) and that they’ve extended the Order to close roads on the Rampart Range (but that Order was attained illegally because the public comment period is supposed to be 30 or 45 days, not the 2 wks we received, that Order is for “temporary” closures only yet FSR 322A has been closed for over 4 years, etc.).

Anyway, after about 40-45 minutes I could tell that Heidi, who next to me did most of the talking, seemed pressed for time. The way we left it is that they would contact the FS asking specifically for the legal authority they believe to have for closing these roads. Then, depending on their response, we would investigate whether attaining that legal authority followed the requirements set under federal law. Well, we already know the answer to that. It will be interesting to see how the Governor’s office works through this.

Heidi told me that she’d be making calls today and that she expected to get back with me next week. I’ll give her 2 wks though.

Don't forget, Congressman Lamborn, 2pm, 21 Aug., 1271 Kelly Johnson Blvd. Suite 110.
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Pat Brower
Great Lakes Four Wheel Drive Association
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« Reply #14 on: August 07, 2009, 07:49:53 pm »

Thanks for the update.  It will be interesting indeed!

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